Africa and the domestic implementation of the Geneva conventions and additional protocols: Problems and solutions

Balarabe, Kasim (2022) Africa and the domestic implementation of the Geneva conventions and additional protocols: Problems and solutions. Journal of African Law, 66 (2). pp. 175-199. ISSN 00218553

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The Geneva Conventions have achieved universal ratification, and Additional Protocols I and II are binding on all African states except Eritrea and Somalia; however, their observance in African conflicts is flawed and inconsistent. From deliberate attacks on civilian populations to abduction and hostage-taking, humanitarian rules are openly flouted. Through an extensive assessment of the domestic measures required to implement the Geneva Conventions and Protocols in Africa, this article identifies the current level of implementation, existing gaps and possible non-legal factors that impact respect for the instruments in African conflicts. Violations are often associated with historical, political, religious and social factors that tainted the instruments’ lofty provisions and bequeathed a legacy that challenges the obligation to respect. Additionally, continuous political and religious struggles and the search for identity and relevance have displaced the ideals of the instruments’ humanitarian provisions. Reversing this trend requires an approach that appeals to and engages the continent beyond the traditional argument of obligation to respect.

Item Type: Article
Keywords: Problems of IHL in Africa | Solutions to IHL problems in Africa | Africa and international humanitarian law | Respect for IHL in Africa | Domestic implementation of IHL | IHL compliance in Africa
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 23 Apr 2022 09:36
Last Modified: 22 Feb 2023 08:38
Official URL:


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